Attorney General v Davy
1741 UK company law case / From Wikipedia, the free encyclopedia
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Attorney General v Davy (1741) 26 ER 531 is a UK company law case, which establishes this small but essential point of law: the default rule is that a majority of a corporate body can determine what it does.
Quick Facts Attorney General v Davy, Court ...
Attorney General v Davy | |
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Court | Court of Chancery |
Decided | 1 January 1741 |
Citation(s) | (1741) 26 ER 531, (1741) 2 Atk 212 |
Case opinions | |
Lord Hardwicke LC |
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Equivalent rules in contemporary company law are s 168 Companies Act 2006, which allows shareholders to remove directors through a simple majority, Foss v Harbottle which presupposed that a majority of shareholders can always take action to litigate, and the rule in Automatic Self-Cleansing Filter Syndicate Co Ltd v Cuninghame,[1] which raises the requirement to 75% of the shareholders if they are to give instructions to the board.